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Criminal Law Keyed to Osler
United States v. Burton
Citation:
126 F. 3d 666 (5th CIr. 1997)Only StudyBuddy Pro offers the complete Case Brief Anatomy*
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*Case Brief Anatomy includes: Brief Prologue, Complete Case Brief, Brief Epilogue
- The Brief Prologue provides necessary case brief introductory information and includes:
- Topic: Identifies the topic of law and where this case fits within your course outline.
- Parties: Identifies the cast of characters involved in the case.
- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
- Case Key Terms, Acts, Doctrines, etc.: A case specific Legal Term Dictionary.
- Case Doctrines, Acts, Statutes, Amendments and Treatises: Identifies and Defines Legal Authority used in this case.
- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
- Brief Facts: A Synopsis of the Facts of the case.
- Rule of Law: Identifies the Legal Principle the Court used in deciding the case.
- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
Two men tried to rob a bank in Texas. After not being able to enter the bank vault, the two men left the bank, threatening to blow the place up but leave a shoe box of road flares. A witness outside the bank saw the two men leave the bank and enter a parked blue car that was driven away by a third man. The car found soon after abandoned with the motor running outside of a car wash. The vehicle belonged to Quinton Carr. The next day, Carr called the police to report that his car was stolen. The evidence suggested the car was abandoned, not stolen because the keys were inside and there was no evidence of hot wiring.
Testimony from Christopher Spooner identified that Wilton Burton spent the night at his apartment, the day before the robbery and left that morning with Carr. He also testified that two weeks earlier, Wilton and Carr were speaking generally about robberies and that Carr told him he was going to call a false police report for his missing car.
Carr’s girlfirned, Rita Gwen testified that the day of the robbery Carr picked her up in a cream colored lexus, before the time of the robbery and dropped her off around 1:00PM. He then picked her back up in the same car at 3:00PM (half hour after the robbery). She also stated that he filed a police report for his missing vehicle that night.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
- Holding: Shares the Court's answer to the legal questions raised in the issue.
- Concurring / Dissenting Opinions: Includes valuable concurring or dissenting opinions and their key points.
- Reasoning and Analysis: Identifies the chain of argument(s) which led the judges to rule as they did.
- The Brief Prologue closes the case brief with important forward-looking discussion and includes:
- Policy: Identifies the Policy if any that has been established by the case.
- Court Direction: Shares where the Court went from here for this case.
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